Ex Parte Sayman et al - Page 5



            Appeal No. 2006-2414                                                                            
            Application No. 10/668,514                                                                      




                   Although we agree with appellants’ general urging in the brief as to this                
            rejection that the examiner’s reasons for combinability as expressed at the top of              
            page 5 of the answer are weakly based, we agree with the examiner’s responsive                  
            argument at page 13 of the answer that, based upon the additional teachings in                  
            Sterler, the artisan would have found it obvious to have utilized the teachings of              
            Sterler to provide backup warning indications for any and all types of warning                  
            indicators including those in Sasaki.  We are convinced of the propriety of the                 
            obviousness of this subject matter of independent claim 1 on appeal and its method              
            version in independent claim 15 based upon the teachings in Sterler.                            
                   The significant point noted by the examiner’s reference to the middle portion            
            of column 1 is that, as set forth at lines 33 through 35, the improved circuit                  
            “provides a secondary indication of module failure when the primary indicator is                
            inoperative.”  This teaching is carried through as to the operability of the circuit of         
            figure 2 as best expressed at column 2, lines 49 through 54, which repeat the                   
            conditional/if nature of the additional reliance upon a secondary indicator of                  


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